Lien for freight or any other sum due
Section 83 of the Railways Act, 1989 deals with lien for freight or any other sum due. If the consignor, the consignee or the endorsee fails to pay on demand any freight or other charges due from him in respect of any consignment, the railway administration may detain such consignment or part thereof or, if such consignment is delivered, it may detain any other consignment of such per The Act came into force on 01 Jul 1990.
(1) If the consignor, the consignee or the endorsee fails to pay on demand any freight or other charges due from him in respect of any consignment, the railway administration may detain such consignment or part thereof or, if such consignment is delivered, it may detain any other consignment of such person which is in, or thereafter comes into its possession.
(2) The railway administration may, if the consignment detained under sub-section (1) is--
(a) perishable in nature, sell at once; or
(b) not perishable in nature, sell, by public auction, such consignment or part thereof, as may be necessary to realise a sum equal to the freight or other charges:
Provided that where a railway administration for reasons to be recorded in writing is of the opinion that it is not expedient to hold the auction, such consignment or part thereof may be sold in such manner as may be prescribed.
(3) The railway administration shall give a notice of not less than seven days of the public auction under clause (b) of sub-section (2) in one or more local newspapers or where there are no such newspapers in such manner as may be prescribed.
(4) The railway administration may, out of the sale proceeds received under sub-section (2), retain a sum equal to the freight and other charges including expenses for the sale due to it and the surplus of such proceeds and the part of the consignment, if any, shall be rendered to the person entitled thereto.
Section 83, The Railways Act, 1989 (Act 24 of 1989).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… In the present writ petition, the petitioner has prayed for quashing and setting aside the impugned demand notices dated 24.03.2022, 24.05.2022, 08.06.2022 and 21.06.2022 issued by the respondent No.2 – Senior Divisional Commercial Manager, for demanding the alleged railway dues and illegally evocation of invoking Section 83 of the Railways Act, 1989 (for short, "the Act"). 2. It is the case of the petitioner that the respondent No.2, by the notice dated 24.03.2022 had demanded a due freight charge to the tune of Rs.51,14,375/-. The petitioner has accordingly sent replies to the aforesaid notices. Lastly on 21.06.2022, the respondent …
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… after lapse of more than six year since 02.09.2014 is not within his jurisdiction to raise any such demand. - (iv) For further issuance of a writ order or direction restraining the respondents specially the respondent Goods Superintendent at Laheriasarai railway siding from taking any coercive action in terms of Section 83 of the Railways Act, 1989, for recovery of the demand of demurrage charges in light of the aforesaid letters which is not only illegal but also badly barred by limitation; - (v) For grant of any other relief(s) to which the petitioner is found entitled in the facts and circumstances of the present case" ![]( …
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… the Railway Administration may detain such consignment or part thereof of if such consignment is delivered, it may detain any other consignment of such person which is in or thereafter comes into its possession. Hence non-acceptance of indent by the Railway Administration is justified in the eyes of law in terms of Section 83 of the Railways Act, 1989." ------That in view of the admitted fact that the demand of punitive charges was made after delivery of the goods and as such there remains no dispute about the legal provision that as per Section 73 and 78 of the Railways Act, 1989, the demand of punitive charges cannot be made after …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 83
What does Section 83 of the Railways Act deal with?
Section 83 of the Railways Act is headed "Lien for freight or any other sum due". If the consignor, the consignee or the endorsee fails to pay on demand any freight or other charges due from him in respect of any consignment, the railway administration may detain such consignment or part thereof or, if such consignment is delivered, it may detain any other consignment of such per
How do I find court cases under Section 83 of the Railways Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Railways Act 1989 83, section 83 Railways Act 1989, section 83 of the Railways Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 83 of the Railways Act, and has it changed?
5 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently GSR 901(E), Disposal of consignment Rules, 1990 (1999).
When did Section 83 of the Railways Act come into force?
Section 83 of the Railways Act, cited as Railways Act 1989 83, came into force on 01 Jul 1990, having been enacted on 03 Jun 1989. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1289 words
- 90. Disposal of unremoved goods at notified stations852 words
- 20F. Determination of amount payable as compensation652 words
- 89. Power to declare notified stations529 words
- 138. Levy of excess charge and fare for travelling without proper pass or ticket or beyond authorised distance492 words
- 16. Accommodation works485 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.